146358pre Arbitration B2B B2C - 15 May 2024 - v1

SUBHASH B.
DESAI, ADVOCATE
C/o 4th Floor, Survey #208/1-B, Viman Nagar, Pune - 411 014
Legal Notice
Date: - 15 May, 2024

Ref No: - PTPLP/Pre-Arb/5/2024/D003247
GAURAV BISHNOI
V-56 SEC C BHAGWATI VIHAR, UTTAM NAGAR, DELHI, DELHI - 110059
SUB: - Pre-Arbitration Notice for Loan Account (s) as mentioned in Schedule 1.
Dear Sir / Madam,
Under the instructions for and on behalf of my client Bajaj Finance Limited, a company registered under the Companies Act
1956, having it's Registered Office at Mumbai Pune Highway, Akurdi, Pune 411035 and having its Corporate office 4th
Floor, Survey #208/1-B, Viman Nagar, Pune - 411 014, I have to address you this notice as under:
That You had approached my Client to avail loan (details of which are more specifically mentioned in the Schedule-1
hereto) and based on your representations on financial soundness, income status; documents submitted and promises
made by You by execution of Loan Documents in favour of my client, my Client had sanctioned and disbursed the said loan
(“Loan documentation”).
By executing said Loan documents you categorically promised and agreed to ensure timely repayment of loan to my Client.
In order to make timely repayment you had induced my client to believe your representation and provided [NACH/ Auto
Debit mandates] for direct deduction of EMIs from your bank account. Please note that regular payment of the EMIs is/was
the essence of the Loan documentation.
However, to the utter surprise of my Client, a series of [ NACH/Auto Debit mandates] issued by you towards payment of
EMIs towards repayment of the said Loan have been dishonoured on various dates by your banker and the EMI amount is
not realized by my Client. Despite repeated requests and follow ups, you had adopted callous attitude and never made any
efforts to make the payment and clear the dues (“default”).
In view of the said default, it appears that you had dishonest intention to never pay back and put my Client to losses, since
your act of NOT responding to repeated requests and NOT making the timely payment of the dues assured by you shows
your mala-fide intentions in availing financial facility to gain undue enrichment, which is unlawful and untenable. .
Hence, You are hereby called upon by way of this notice to pay forthwith the entire Outstanding dues together with
applicable interest and other contractual charges payable by you and accrued in your loan account under the said
Agreement as hereinafter mentioned.
In the event if you fail to comply by effecting payment of outstanding dues, together with interests & applicable charges, , I
hereby further inform you that, as mentioned in para (1) above my client shall be constrained to invoke arbitration clause as
enshrined in the said Loan documentation by appointing a sole Arbitrator, who will conduct the online arbitration proceeding.
Accordingly, my client hereby proposing the names of below mentioned five individuals, from its panel of arbitrators and with
an option to select and nominate any ONE, for appointment as the Sole Arbitrator for resolving the dispute and confirm the
same in writing:
1. Sh. Vishal Kale, Pune 2. Sh. Bikash Vishwakarma, Delhi

3. Sh. Gangadar K M, Bangalore 4. Sh. Yara Ramesh, Hyderabad
5. Sh. M Ganesh, Chennai
Please note that in case if you fail to clear the entire outstanding and/or nominate and confirm the name of ANY ONE
individual (out of the above mentioned panel of arbitrators) to be appointed as the Sole Arbitrator OR in case if my client
does not receive any response from you in this regard within ten (10) days from the date of this notice to email id
"arb.communication@bajajfinserv.in", then, your deemed acceptance is construed to have been provided for appointment of
any one of the above named persons as the Sole Arbitrator, as may be decided by my client at its sole discretion.
Further, the Arbitration proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996
together with its amendments, any statutory modifications or re-enactments thereof and the award of such arbitrator shall be
final and binding upon the Parties. Further you shall be liable for the entire costs of the arbitration and all legal expenses
incurred by my client including attorney fees, out of pocket expenses etc.
SCHEDULE - 1
LOAN DETAILS
Loan No Amount Finance O/S Amount
P401PTP7462433 Rs. 481879.0 Rs. 450965.0
Total Rs. 450965.0
Please ignore if already paid

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SUBHASH B.

Date: - 15 May, 2024

SUB: - Pre-Arbitration Notice for Loan Account (s) as mentioned in Schedule 1.

Dear Sir / Madam,

1. Sh. Vishal Kale, Pune 2. Sh. Bikash Vishwakarma, Delhi

Please ignore if already paid

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